Rights and Private Law
eBook - PDF

Rights and Private Law

  1. 684 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Rights and Private Law

About this book

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

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Yes, you can access Rights and Private Law by Donal Nolan,Andrew Robertson in PDF and/or ePUB format, as well as other popular books in Diritto & Diritto contrattuale. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2011
Print ISBN
9781849466561
eBook ISBN
9781847318527
Edition
1
Topic
Diritto
Subtopic
Diritto contrattuale

Table of contents

  1. Cover
  2. Prelims
  3. Acknowledgements
  4. Contents
  5. Contributors
  6. Table of Cases
  7. Table of Legislation
  8. Table of Treaties
  9. 1. Rights and Private Law
  10. 2. Rights in Private Law
  11. 3. Our Most Fundamental Rights
  12. 4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law
  13. 5. Rights and Other Things
  14. 6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations
  15. 7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries
  16. 8. Rule-Based Rights and Court Ordered Rights
  17. 9. Rights and Responsibility in the Law of Torts
  18. 10. Damages and Rights
  19. 11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law
  20. 12. Rights and the Basis of Tort Law
  21. 13. Is the Role of Tort to Repair Wrongful Losses?
  22. 14. The Edges of Tort Law's Rights
  23. 15. Rights, Pluralism and the Duty of Care
  24. 16. 'A Tort Against Land': Private Nuisance as a Property Tort
  25. 17. Private Nuisance Law: A Window on Substantive Justice
  26. 18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions
  27. 19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach?
  28. 20. Unjust Enrichment, Rights and Value
  29. 21. Rights and Value in Rescission: Some Implications for Unjust Enrichment
  30. Index